Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations 85479 

After an airport sponsor receives an 

FAA letter of consent or approval, it 

will update the Exhibit A. 

Issued in Washington, DC, on December 5, 

2023. 

Kevin C. Willis, 

Director, Office of Airport Compliance and 

Management Analysis. 

[FR Doc. 2023–27017 Filed 12–7–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 738, 740, 742, and 774 

[Docket No. 230920–0229] 

RIN 0694–AJ29 

Allied Governments Favorable 

Treatment: Revisions to Certain 

Australia Group Controls; Revisions to 

Certain Crime Control and Detection 

Controls 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Final rule. 

SUMMARY: The Bureau of Industry and 

Security (BIS) is amending the Export 

Administration Regulations (EAR) by 

removing Proliferation of Chemical and 

Biological Weapons (CB) controls on 

specified pathogens and toxins that are 

destined for Australia Group (AG) 

member countries and by revising the 

Commerce Country Chart to remove 

Crime Control and Detection (CC) 

controls on certain items that are 

destined for Austria, Finland, Ireland, 

Liechtenstein, South Korea, Sweden, 

and Switzerland. These changes are 

being made as part of a broader effort 

announced today that will liberalize 

several categories of export licensing 

requirements and the availability of 

export license exceptions for key allied 

and partner countries, as well as for 

members of certain multilateral export 

control regimes. 

DATES: This rule is effective December 8, 

2023. 

FOR FURTHER INFORMATION CONTACT: For 

questions on pathogens and toxins 

discussed in this rule, contact Dr. Tara 

Gonzalez, Chemical and Biological 

Controls Division, Office of 

Nonproliferation and Treaty 

Compliance, Bureau of Industry and 

Security, Telephone: (202) 482–3343, 

Email: Tara.Gonzalez@bis.doc.gov. For 

all other questions pertaining to this 

rule, contact Logan Norton, Regulatory 

Policy Division, Office of Exporter 

Services, Bureau of Industry and 

Security, U.S. Department of Commerce, 

(202) 482–1762, Email: RPD2@

bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Liberalizing Controls for Allies and 

Partners 

Historically, the United States has 

relied on deep connections with its 

allies and partners to protect its vital 

national security and foreign policy 

interests. In particular, the United States 

acts in close cooperation with its allies 

and partners to bring together the 

international community to address 

military aggression, threats to 

sovereignty, and human rights abuses 

around the world. This is especially true 

in the context of export controls, in 

which multilateral and plurilateral 

controls are typically the most effective 

path toward accomplishing our national 

security and foreign policy objectives. 

In remarks made at the U.S. State 

Department on February 4, 2021, 

regarding America’s place in the world, 

President Biden noted that America’s 

alliances are some of our greatest assets 

and that leading with diplomacy means 

standing shoulder to shoulder and 

working closely with our allies and key 

partners, thereby protecting the world 

against nefarious actors. At that time, 

President Biden highlighted the fact that 

the United States would be ‘‘more 

effective in dealing with Russia when 

we work in coalition and coordination 

with other like-minded partners.’’ 

(https://www.whitehouse.gov/briefingroom/speeches-remarks/2021/02/04/ 

remarks-by-president-biden-onamericas-place-in-the-world/). 

Consistent with this direction, a year 

later, following Russia’s unjustifiable 

further invasion of Ukraine and 

Belarus’s complicity in that invasion, 

the United States led the formation of 

and continues to lead alignment within 

the Global Export Controls Coalition 

(GECC), now comprising the United 

States and 38 other global economies. 

BIS’s export controls on Russia and 

Belarus have been successful because 

they have been imposed and maintained 

in coordination with U.S. allies and 

partners. At the same time, in addition 

to the GECC, BIS has forged deeper ally 

and partner country relationships 

through a series of bilateral and 

multilateral export controls dialogues, 

including under the auspices of the 

U.S.-European Union Trade and 

Technology Council (TTC) and the U.S.- 

Japan Commercial and Industrial 

Partnership (JUCIP). 

The changes made with this rule and 

two other ally and partner rules 

published today are part of a broad 

effort to liberalize controls for allies and 

partner countries under the EAR (15 

CFR parts 730–774). Together, these 

rules will ease several categories of 

export licensing requirements and 

increase the availability of export 

license exceptions for key allied and 

partner countries, as well as members of 

certain multilateral export control 

regimes. 

Overview of Regulatory Changes 

As described below, in recognition of 

key allies’ and partners’ support of our 

efforts against Russia, along with their 

leadership in the areas of chemical and 

biological weapons nonproliferation and 

the promotion of human rights, BIS is 

making two sets of amendments to the 

EAR. First, it is revising the Chemical 

and Biological Nonproliferation (CB) 

controls that apply to certain pathogens 

and toxins that are destined for 

members of the Australia Group (AG). 

Second, it is removing Crime Controls 

(CC) on seven key allied and partner 

countries, Austria, Finland, Ireland, 

Liechtenstein, South Korea, Sweden, 

and Switzerland. These amendments to 

the EAR eliminate certain controls on 

allied and partner countries, as well as 

on AG member countries, thereby 

facilitating exports and reexports 

involving these countries and allowing 

BIS to apply its resources toward 

reviewing and monitoring more 

sensitive exports and higher-risk 

transactions. These amendments are 

part of a larger effort announced by BIS 

today that includes several EAR 

amendments eliminating certain license 

requirements and broadening the 

availability of license exceptions for 

allied and partner countries, including 

member countries of international 

regimes. 

Pathogens and Toxins 

The AG is the multilateral export 

control regime responsible for 

controlling chemical and biological 

items to ensure that such items do not 

contribute to chemical and biological 

weapons proliferation. The AG 

currently has 43 members, including the 

United States. All items controlled 

under ECCNs 1C351, 1C353, 1C354, 

1E001, and 1E351 on the Commerce 

Control List (CCL) (supp. no. 1 to part 

774 of the EAR) are controlled 

multilaterally by the AG, except those 

items controlled under ECCN 1C351.b. 

Prior to this rule, entries for 

pathogens and toxins controlled under 

ECCNs 1C351, 1C353, 1C354, and their 

related technologies controlled under 

ECCNs 1E001, and 1E351, listed CB 

Column 1 (CB:1) (see Commerce 


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85480 Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations 

Country Chart, supp. no. 1 to part 738) 

as a reason for control applying to each 

entry. Pursuant to § 742.2(a)(1) of the 

EAR, ECCNs with a CB:1 reason for 

control require a BIS license for export 

or reexport to all destinations, 

regardless of AG membership. 

Separately, the controls on ECCNs 

referring to CB Column 2 (CB:2) are 

described in § 742.2(a)(2); items with a 

CB:2 reason for control require a BIS 

license for all destinations except AG 

member countries (see Country Group 

A:3, supp. no. 1 to part 740). 

BIS is amending the EAR in 

recognition of the fact that each of the 

AG member countries has an effective 

export control system capable of 

regulating dual-use exports in a manner 

consistent with U.S. national security, 

foreign policy, and nonproliferation 

objectives. In particular, all AG 

members implement AG control 

agreements under their domestic laws, 

including by imposing stringent 

biosafety and biosecurity standards and 

maintaining comparable license 

requirements. Consequently, exports, 

reexports, and transfers (in-country) of 

items controlled under these ECCNs to 

AG member countries are low-risk 

transactions. This assessment is 

evidenced by recent licensing data on 

approved and denied BIS license 

applications for the items controlled 

under these ECCNs to AG member 

countries. In 2021, BIS approved 

approximately 1,000 applications for 

ECCN 1C351, 1C353, 1C354, 1E001, and 

1E351 items to AG member countries 

and did not deny any license 

applications for such items to AG 

member countries. Consistent with the 

demonstrated low risk posed by these 

items when destined to AG member 

countries, BIS is amending the reason 

for control from CB:1 to CB:2 in each of 

the entries for these items. Although 

these items remain CB-controlled, they 

will no longer require a license for CB 

reasons when destined to AG member 

countries. By amending the reason for 

control from CB:1 to CB:2 in each of the 

entries for these items, BIS estimates 

that it is alleviating a burden of 

approximately 1,000 license 

applications per year. This decrease in 

burden will benefit both the public, by 

reducing the need to submit 

applications and wait for processing, 

and BIS, by freeing resources for 

applications involving higher-risk 

destinations. 

Regulatory Change 

With this rule, BIS revises ECCNs 

1C351, 1C353, 1C354, 1E001, and 1E351 

on the CCL. This rule revises the reason 

for control in each of these ECCNs from 

CB:1 to CB:2. As a conforming change, 

BIS revises § 742.2(a) of the EAR such 

that it reflects the changes to ECCNs 

1C351, 1C353, 1C354, 1E001, and 

1E351. 

This rule does not make changes to 

the item paragraphs or other reasons for 

control associated with these ECCNs. 

Notably, CB:1 will continue to be the 

reason for control in ECCN 1C351.d.14 

and .15 and genetic elements of ECCN 

1C353 of toxins controlled in 

1C351.d.14 and .15, pursuant to the 

requirements of the Chemical Weapons 

Convention. Relatedly, ECCNs 1E001 

and 1E351 will retain CB:1 as the reason 

for control for ‘‘technology’’ controlled 

by the ECCN 1C351.d.14 and .15 and the 

genetic elements thereof. 

This rule makes two conforming 

changes involving ECCN 1C351 that 

reflect the easing of licensing 

requirements described above. Prior to 

this rule, certain toxins controlled under 

ECCN 1C351 required a license but were 

eligible for License Exception Strategic 

Trade Authorization (STA) when 

destined to Country Group A:5 

countries pursuant to § 740.20(b)(2)(vi). 

Given the changes made by this rule to 

ECCN 1C351, there is no longer a 

license requirement for these toxins 

when destined for a Country Group A:5 

country. Therefore, this rule removes 

§ 740.20(b)(2)(vi) and references to 

License Exception STA from ECCN 

1C351. 

Crime Control 

Crime controls (CC) on crime control 

detection equipment, related 

technology, and software, set forth in 

§ 742.7 of the EAR, support U.S. foreign 

policy interests that promote the 

observance of human rights throughout 

the world. Pursuant to § 742.7(a)(1), 

ECCNs on the CCL referencing CC 

Column 1 on the Country Chart (CC:1) 

require a BIS license for export and 

reexport. Similarly, § 742.2(a)(3) 

describes the license requirements for 

items referencing CC Column 3 on the 

Country Chart (CC:3). Prior to this rule, 

Austria, Finland, Ireland, Liechtenstein, 

South Korea, Sweden, and Switzerland 

were each subject to license 

requirements for CC:1 and CC:3 items 

set forth on the CCL. With this rule, the 

items specified in § 742.7(a)(1) and 

(a)(3) will no longer require a license for 

export and reexport to these seven 

countries; this reflects—along with their 

inclusion in Country Group A:5 (see 

supp. no. 1 to part 740) as well as in 

supplement no. 3 to part 746 (countries 

that have implemented export controls 

on Russia and Belarus that are 

substantially similar to U.S. export 

controls)—these seven countries’ status 

as close United States allies and 

partners. Moreover, these seven 

countries share the United States’ 

commitment to the observance of 

human rights worldwide. All seven 

countries have strong records regarding 

the safeguarding of civil liberties and 

individual freedoms and upholding 

other democratic norms. 

In 2021, BIS approved approximately 

200 licenses and did not deny any 

licenses for CC items destined to these 

seven countries. BIS anticipates that the 

removal of CC controls on these seven 

countries will enable the agency to 

reallocate its licensing application 

review and processing resources on 

higher-risk destinations that present 

human rights concerns. 

Regulatory Change 

This rule revises the Commerce 

Country Chart by removing the X for CC 

reason for control from CC:1 and CC:3 

for Austria, Finland, Ireland, 

Liechtenstein, South Korea, Sweden, 

and Switzerland. Doing so eliminates 

the license requirements for items 

controlled under CC:1 and CC:3. This 

rule makes no further revisions to the 

Commerce Country Chart or conforming 

changes elsewhere in the EAR. 

Export Control Reform Act of 2018 

On August 13, 2018, the President 

signed into law the John S. McCain 

National Defense Authorization Act for 

Fiscal Year 2019, which included the 

Export Control Reform Act of 2018 

(ECRA), 50 U.S.C. 4801–4852. ECRA 

provides the legal basis for BIS’s 

principal authorities and serves as the 

authority under which BIS issues this 

rule. 

Rulemaking Requirements 

1. BIS has examined the impact of this 

rule as required by Executive Orders 

12866, 13563, and 14094, which direct 

agencies to assess all costs and benefits 

of available regulatory alternatives and, 

if regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public, 

health, and safety effects, distributive 

impacts, and equity). This rule is 

considered a ‘‘significant regulatory 

action’’ under section 3(f) of Executive 

Order 12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to or be subject to a penalty 

for failure to comply with a collection 

of information, subject to the 

requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) (PRA), unless that collection of 

information displays a currently valid 


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Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations 85481 

Office of Management and Budget 

(OMB) Control Number. This regulation 

involves collections previously 

approved by OMB under control 

number 0694–0088, Simplified Network 

Application Processing System, which 

includes, among other things, license 

applications and commodity 

classifications, and carries a burden 

estimate of 29.4 minutes for a manual or 

electronic submission for a total burden 

estimate of 35,739 hours. Total burden 

hours associated with the PRA and 

OMB control number 0694–0088 are 

expected to decrease as a result of this 

rule. This rule is expected to decrease 

the licensing burden by approximately 

1,200 licenses per year; this will result 

in an overall reduction in burden house 

by almost 588 hours per year, for a new 

total burden estimate of 35,151 hours. 

3. This rule does not contain policies 

with federalism implications as that 

term is defined in Executive Order 

13132. 

4. Pursuant to section 1762 of the 

Export Control Reform Act of 2018, this 

action is exempt from the 

Administrative Procedure Act (5 U.S.C. 

553) requirements for notice of 

proposed rulemaking, opportunity for 

public participation, and delay in 

effective date. 

5. Because a notice of proposed 

rulemaking and an opportunity for 

public comment are not required to be 

given for this rule by 5 U.S.C. 553, or 

by any other law, the analytical 

requirements of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., are 

not applicable. Accordingly, no 

regulatory flexibility analysis is required 

and none has been prepared. 

List of Subjects 

15 CFR Part 738 

Exports. 

15 CFR Part 740 

Administrative practice and 

procedure, Exports, and Reporting and 

recordkeeping requirements. 

15 CFR Part 742 

Exports and Terrorism. 

15 CFR Part 774 

Exports, Reporting and recordkeeping 

requirements, Terrorism. 

Accordingly, parts 738, 740, 742, and 

774 of the Export Administration 

Regulations (15 CFR parts 730–774) is 

amended as follows: 

PART 738—COMMERCE CONTROL 

LIST OVERVIEW AND THE COUNTRY 

CHART 

■ 1. The authority citation for 15 CFR 

part 738 continues to read as follows: 

Authority: 50 U.S.C. 4801–4852; 50 U.S.C. 

4601 et seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C. 

8720; 10 U.S.C. 8730(e); 22 U.S.C. 287c; 22 

U.S.C. 2151 note; 22 U.S.C. 3201 et seq.; 22 

U.S.C. 6004; 42 U.S.C. 2139a; 15 U.S.C. 1824; 

50 U.S.C. 4305; 22 U.S.C. 7201 et seq.; 22 

U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 

1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783. 

■ 2. In supplement no. 1 to part 738, the 

table is amended by revising the entries 

for Austria, Finland, Ireland, Korea, 

South, Liechtenstein, Sweden, and 

Switzerland. The revisions read as 

follows: 

Supplement No. 1 to Part 738— 

Commerce Country Chart 

* * * * * 

BILLING CODE 3510–33–P 


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85482 Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations 

BILLING CODE 3510–33–C 

* * * * * 3See § 742.6(a)(3) for special provisions 

that apply to ‘‘military commodities’’ that are 

subject to ECCN 0A919. 4See § 742.6(a)(2) and (4)(ii) regarding 

special provisions for exports and reexports 

of certain thermal imaging cameras to these 

countries. 5Refer to Switzerland for licensing 

requirements for Liechtenstein under the 

EAR. 

* * * * * 

PART 740—LICENSE EXCEPTIONS 

■ 3. The authority citation for part 740 

continues to read as follows: 

Authority: 50 U.S.C. 4801–4852; 50 U.S.C. 

4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 

7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 

1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783. 

■ 4. Amend § 740.20 by removing and 

reserving paragraph (b)(2)(vi). 

PART 742—CONTROL POLICY—CCL 

BASED CONTROLS 

■ 5. The authority citation for part 742 

continues to read as follows: 

Authority: 50 U.S.C. 4801–4852; 50 U.S.C. 

4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 

3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 

et seq.; 22 U.S.C. 7210; Sec. 1503, Pub. L. 

108–11, 117 Stat. 559; E.O. 12058, 43 FR 

20947, 3 CFR, 1978 Comp., p. 179; E.O. 

12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 

608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 


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Commerce Country Chart 

Chemical& Nuclear Firearms AntiBiological Nonprolifera National Missile Regional Conventi Crime Terror 

Countries Weapons tion Security Tech Stability on Control ism 

CB C CB NP NP NS NS MT RS RS FC C C cc A 

j= 

I B 3 I 2 I 2 I I 2 I C ; 3 T 

2 I I 

* * * * * 

I I * * * * * 

Finland34 X X X X 

* * * * * 

Ireland3 4 X X X X 

I I * * * * * 

Korea, South3 X X X X 

4 

* * * * * 

Liechtenstein5 GJ□□□□GJ□□GJ □□□□ I I * * * * * 

I Sweden34 IGJ□□□□GJ□□GJ □□□□ = 

Switzerland34 GJ□□□□GJ□□GJ □□□□ I I * * * * * 
Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations 85483 

Comp., p. 950; E.O. 13026, 61 FR 58767, 3 

CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 

44025, 3 CFR, 2001 Comp., p. 783; 

Presidential Determination 2003–23, 68 FR 

26459, 3 CFR, 2004 Comp., p. 320; Notice of 

November 8, 2022, 87 FR 68015 (November 

10, 2022). 

■ 6. Amend § 742.2 by revising 

paragraph (a) to read as follows: 

§ 742.2 Proliferation of chemical and 

biological weapons. 

(a) License requirements. The 

following controls are maintained in 

support of the U.S. foreign policy of 

opposing the proliferation and illegal 

use of chemical and biological weapons. 

(See also § 742.18 of this part for license 

requirements pursuant to the Chemical 

Weapons Convention). 

(1) If CB Column 1 of the Country 

Chart (supplement no. 1 to part 738 of 

the EAR) is indicated in the appropriate 

ECCN, a license is required to all 

destinations, including Canada, for the 

following: 

(i) Toxins identified in ECCNs 

1C351.d.14 and .15; 

(ii) Genetic elements (ECCN 1C353) of 

the toxins described in paragraph 

(a)(1)(i) of this section; and 

(iii) Technology (ECCNs 1E001 and 

1E351) for the production and/or 

disposal of toxins described in 

paragraph (a)(1)(i) of this section. 

(2) If CB Column 2 of the Country 

Chart (supplement no. 1 to part 738 of 

the EAR) is indicated in the appropriate 

ECCN, a license is required to all 

destinations except countries in Country 

Group A:3 (see supplement no. 1 to part 

740 of the EAR) (Australia Group 

members) for the following: 

(i) Chemicals identified in ECCN 

1C350 (precursor and intermediate 

chemicals used in the production of 

chemical warfare agents). 

(A) This license requirement includes 

chemical mixtures identified in ECCN 

1C350.b, .c, or .d, except as specified in 

License Requirements Note 2 to that 

ECCN. 

(B) This licensing requirement does 

not include chemical compounds 

created with any chemicals identified in 

ECCN 1C350, unless those compounds 

are also identified in ECCN 1C350. 

(C) This licensing requirement does 

not apply to any of the following 

medical, analytical, diagnostic, and food 

testing kits that consist of pre-packaged 

materials of defined composition that 

are specifically developed, packaged, 

and marketed for diagnostic, analytical, 

or public health purposes: 

(1) Test kits containing no more than 

300 grams of any chemical controlled by 

ECCN 1C350.b or .c (CB-controlled 

chemicals also identified as Schedule 2 

or 3 chemicals under the CWC) that are 

destined for export or reexport to CWC 

States Parties (destinations listed in 

supplement no. 2 to part 745 of the 

EAR). Such test kits are controlled by 

ECCN 1C395 for CB and CW reasons, to 

States not Party to the CWC 

(destinations not listed in supplement 

no. 2 to part 745 of the EAR), and for 

AT reasons. 

(2) Test kits that contain no more than 

300 grams of any chemical controlled by 

ECCN 1C350.d (CB-controlled chemicals 

not also identified as Schedule 1, 2, or 

3 chemicals under the CWC). Such test 

kits are controlled by ECCN 1C995 for 

AT reasons. 

(ii) Human pathogens, zoonoses, 

toxins, animal pathogens, genetically 

modified microorganisms and plant 

pathogens identified in ECCNs 1C351 

(except .d.14 and .15), 1C353 (except 

genetic elements of toxins in ECCN 

1C351.d.14 and .15), and 1C354; and 

(iii) Software (ECCN 1D390) for 

process control that is specifically 

configured to control or initiate 

production of the chemical precursors 

controlled by ECCN 1C350. 

(iv) Technology (ECCN 1E001) for the 

development or production of chemical 

detection systems and dedicated 

detectors therefore, controlled by ECCN 

1A004.c, that also have the technical 

characteristics described in ECCN 

2B351.a. 

(v) Technology (ECCNs 1E001 and 

1E350) involving the following for 

facilities designed or intended to 

produce chemicals described in 1C350: 

(A) Overall plant design; 

(B) Design, specification, or 

procurement of equipment; 

(C) Supervision of construction, 

installation, or operation of complete 

plant or components thereof; 

(D) Training of personnel; or 

(E) Consultation on specific problems 

involving such facilities. 

(vi) Technology (ECCNs 1E001 and 

1E351) for: 

(A) Production and/or disposal of 

chemical precursors described in ECCN 

1C350; and 

(B) Production and/or disposal of 

microbiological commodities described 

in paragraph (a)(2)(ii) of this section 

(except toxins and genetic elements of 

those toxins in ECCN 1C351.d.14 and 

.15). 

(vii) Equipment and materials 

identified in ECCN 2B350 or 2B351 on 

the CCL, chemical detection systems 

controlled by 1A004.c for detecting 

chemical warfare agents and having the 

characteristics of toxic gas monitoring 

systems described in 2B351.a, and 

valves controlled by ECCN 2A226 

having the characteristics of those 

described in 2B350.g, which can be 

used in the production of chemical 

weapons precursors or chemical warfare 

agents. 

(viii) Equipment and materials 

identified in ECCN 2B352, which can be 

used in the production of biological 

agents. 

(ix) Software identified in ECCN 

2D351 or 2D352, as follows: 

(A) Dedicated software identified in 

ECCN 2D351 for the ‘‘use’’ of toxic gas 

monitoring systems and their dedicated 

detecting components controlled by 

ECCN 2B351; 

(B) Software designed for nucleic acid 

assemblers and synthesizers controlled 

by 2B352.j that is capable of designing 

and building functional genetic 

elements from digital sequence data. 

(x) Technology identified in ECCN 

2E001 for the ‘‘development’’ of 

software controlled by ECCN 2D351 or 

2D352. 

(xi) Technology identified in ECCN 

2E001, 2E002, or 2E301 for: 

(A) The development, production, or 

use of items controlled by ECCN 2B350, 

2B351, or 2B352; or 

(B) The development or production of 

valves controlled by ECCN 2A226 

having the characteristics of those 

described in ECCN 2B350.g. 

(xii) Technology identified in ECCN 

2E201 or 2E290 for the use of valves 

controlled by ECCN 2A226 having the 

characteristics of those described in 

2B350.g. 

(3) If CB Column 3 of the Country 

Chart (supplement no. 1 to part 738 of 

the EAR) is indicated in the appropriate 

ECCN, a license is required to Country 

Group D:3 (see supplement no. 1 to part 

740 of the EAR) for medical products 

identified in ECCN 1C991.c. 

(4) A license is required, to States not 

Party to the CWC (destinations not 

listed in supplement no. 2 to part 745 

of the EAR), for mixtures controlled by 

1C395.a and test kits controlled by 

1C395.b. 

* * * * * 

PART 774—THE COMMERCE 

CONTROL LIST 

■ 7. The authority citation for part 774 

continues to read as follows: 

Authority: 50 U.S.C. 4801–4852; 50 U.S.C. 

4601 et seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C. 

8720; 10 U.S.C. 8730(e); 22 U.S.C. 287c, 22 

U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C. 

2139a; 15 U.S.C. 1824; 50 U.S.C. 4305; 22 

U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 

13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 

228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783. 


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85484 Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations 

Supplement No. 1 to Part 774—The 

Commerce Control List 

■ 8. Category 1 is amended by revising 

ECCNs 1C351, 1C353, 1C354, 1E001, 

and 1E351 to read as follows: 

Category 1—Materials, Chemicals, 

Microorganisms and Toxins 

C. ‘‘Materials’’ 

* * * * * 

1C351 Human and animal pathogens and 

‘‘toxins,’’ as follows (see List of Items 

Controlled). 

License Requirements 

Reason for Control: CB, CW, AT 

Control(s) 

Country chart 

(see Supp. No. 1 to 

part 738) 

CB applies to items 

controlled by 

1C351.d.14 and 

.15.

CB Column 1 

CB applies to entire 

entry.

CB Column 2 

CW applies to 1C351.d.14 and .d.15 and a 

license is required for CW reasons for all 

destinations, including Canada, as follows: 

CW applies to 1C351.d.14 for ricin in the 

form of (1) Ricinus communis AgglutininII 

(RCAII), also known as ricin D or Ricinus 

Communis LectinIII (RCLIII) and (2) Ricinus 

communis LectinIV (RCLIV), also known as 

ricin E. CW applies to 1C351.d.15 for 

saxitoxin identified by C.A.S. #35523–89–8. 

See § 742.18 of the EAR for licensing 

information pertaining to chemicals subject 

to restriction pursuant to the Chemical 

Weapons Convention (CWC). The Commerce 

Country Chart is not designed to determine 

licensing requirements for items controlled 

for CW reasons. 

Control(s) 

Country chart 

(see Supp. No. 1 

to part 738) 

AT applies to entire 

entry.

AT Column 1 

License Requirement Notes: 1. All vaccines 

and ‘immunotoxins’ are excluded from the 

scope of this entry. Certain medical products 

and diagnostic and food testing kits that 

contain biological toxins controlled under 

1C351.d, with the exception of toxins 

controlled for CW reasons under 1C351.d.14 

or .d.15, are excluded from the scope of this 

entry. Vaccines, ‘immunotoxins,’ certain 

medical products, and diagnostic and food 

testing kits excluded from the scope of this 

entry are controlled under ECCN 1C991. 

2. For the purposes of this entry, only 

saxitoxin is controlled under 1C351.d.15; 

other members of the paralytic shellfish 

poison family (e.g., neosaxitoxin) are 

designated EAR99. 

3. Clostridium perfringens strains, other 

than the epsilon toxin-producing strains of 

Clostridium perfringens described in 

1C351.c.12, are excluded from the scope of 

this entry, since they may be used as positive 

control cultures for food testing and quality 

control. 

4. Unless specified elsewhere in this ECCN 

1C351 (e.g., in License Requirement Notes 1– 

3), this ECCN controls all biological agents 

and ‘‘toxins,’’ regardless of quantity or 

attenuation, that are identified in the List of 

Items Controlled for this ECCN, including 

small quantities or attenuated strains of 

select biological agents or ‘‘toxins’’ that are 

excluded from the lists of select biological 

agents or ‘‘toxins’’ by the Animal and Plant 

Health Inspection Service (APHIS), U.S. 

Department of Agriculture (USDA), or the 

Centers for Disease Control and Prevention 

(CDC), U.S. Department of Health and 

Human Services (HHS), in accordance with 

their regulations in 9 CFR part 121 and 42 

CFR part 73, respectively. 

5. Biological agents and pathogens are 

controlled under this ECCN 1C351 when they 

are an isolated live culture of a pathogen 

agent, or a preparation of a toxin agent that 

has been isolated or extracted from any 

source or material, including living material 

that has been deliberately inoculated or 

contaminated with the agent. Isolated live 

cultures of a pathogen agent include live 

cultures in dormant form or in dried 

preparations, whether the agent is natural, 

enhanced or modified. 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

LVS: N/A 

GBS: N/A 

List of Items Controlled 

Related Controls: (1) Certain forms of ricin 

and saxitoxin in 1C351.d.14 and .d.15 are 

CWC Schedule 1 chemicals (see § 742.18 of 

the EAR). The U.S. Government must 

provide advance notification and annual 

reports to the OPCW of all exports of 

Schedule 1 chemicals. See § 745.1 of the 

EAR for notification procedures. See 22 

CFR part 121, Category XIV and § 121.7 for 

CWC Schedule 1 chemicals that are 

‘‘subject to the ITAR.’’ (2) The Animal and 

Plant Health Inspection Service (APHIS), 

U.S. Department of Agriculture, and the 

Centers for Disease Control and Prevention 

(CDC), U.S. Department of Health and 

Human Services, maintain controls on the 

possession, use, and transfer within the 

United States of certain items controlled by 

this ECCN (for APHIS, see 7 CFR 331.3(b), 

9 CFR 121.3(b), and 9 CFR 121.4(b); for 

CDC, see 42 CFR 73.3(b) and 42 CFR 

73.4(b)). (3) See 22 CFR part 121, Category 

XIV(b), for modified biological agents and 

biologically derived substances that are 

‘‘subject to the ITAR.’’ 

Related Definitions: For the purposes of this 

entry, ‘immunotoxins’ are monoclonal 

antibodies linked to a toxin with the 

intention of destroying a specific target cell 

while leaving adjacent cells intact. 

Items: 

a. Viruses identified on the Australia 

Group (AG) ‘‘List of Human and Animal 

Pathogens and Toxins for Export Control,’’ as 

follows: 

a.1. African horse sickness virus; 

a.2. African swine fever virus; 

a.3. Andes virus; 

a.4. Avian influenza (AI) viruses identified 

as having high pathogenicity (HP), as follows: 

a.4.a. AI viruses that have an intravenous 

pathogenicity index (IVPI) in 6-week-old 

chickens greater than 1.2; or 

a.4.b. AI viruses that cause at least 75% 

mortality in 4- to 8-week-old chickens 

infected intravenously. 

Note: Avian influenza (AI) viruses of the 

H5 or H7 subtype that do not have either of 

the characteristics described in 1C351.a.4 

(specifically, 1C351.a.4.a or .a.4.b) should be 

sequenced to determine whether multiple 

basic amino acids are present at the cleavage 

site of the haemagglutinin molecule (HA0). If 

the amino acid motif is similar to that 

observed for other HPAI isolates, then the 

isolate being tested should be considered as 

HPAI and the virus is controlled under 

1C351.a.4. 

a.5. Bluetongue virus; 

a.6. Chapare virus; 

a.7. Chikungunya virus; 

a.8. Choclo virus; 

a.9. Classical swine fever virus (Hog 

cholera virus); 

a.10. Crimean-Congo hemorrhagic fever 

virus; 

a.11. Dobrava-Belgrade virus; 

a.12. Eastern equine encephalitis virus; 

a.13. Ebolavirus (includes all members of 

the Ebolavirus genus); 

a.14. Foot-and-mouth disease virus; 

a.15. Goatpox virus; 

a.16. Guanarito virus; 

a.17. Hantaan virus; 

a.18. Hendra virus (Equine morbillivirus); 

a.19. Japanese encephalitis virus; 

a.20. Junin virus; 

a.21. Kyasanur Forest disease virus; 

a.22. Laguna Negra virus; 

a.23. Lassa virus; 

a.24. Louping ill virus; 

a.25. Lujo virus; 

a.26. Lumpy skin disease virus; 

a.27. Lymphocytic choriomeningitis virus; 

a.28. Machupo virus; 

a.29. Marburgvirus (includes all members 

of the Marburgvirus genus); 

a.30. Middle East respiratory syndromerelated coronavirus (MERS-related 

coronavirus); 

a.31. Monkeypox virus; 

a.32. Murray Valley encephalitis virus; 

a.33. Newcastle disease virus; 

a.34. Nipah virus; 

a.35. Omsk hemorrhagic fever virus; 

a.36. Oropouche virus; 

a.37. Peste-des-petits ruminants virus; 

a.38. Porcine Teschovirus; 

a.39. Powassan virus; 

a.40. Rabies virus and all other members of 

the Lyssavirus genus; 

a.41. Reconstructed 1918 influenza virus; 

Technical Note:1C351.a.41 includes 

reconstructed replication competent forms of 

the 1918 pandemic influenza virus 

containing any portion of the coding regions 

of all eight gene segments. 

a.42. Rift Valley fever virus; 

a.43. Rinderpest virus; 

a.44. Rocio virus; 

a.45. Sabia virus; 

a.46. Seoul virus; 

a.47. Severe acute respiratory syndromerelated coronavirus (SARS-related 

coronavirus); 

a.48. Sheeppox virus; 


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a.49. Sin Nombre virus; 

a.50. St. Louis encephalitis virus; 

a.51. Suid herpesvirus 1 (Pseudorabies 

virus; Aujeszky’s disease); 

a.52. Swine vesicular disease virus; 

a.53. Tick-borne encephalitis virus (Far 

Eastern subtype, formerly known as Russian 

Spring-Summer encephalitis virus—see 

1C351.b.3 for Siberian subtype); 

a.54. Variola virus; 

a.55. Venezuelan equine encephalitis virus; 

a.56. Vesicular stomatitis virus; 

a.57. Western equine encephalitis virus; or 

a.58. Yellow fever virus. 

b. Viruses identified on the APHIS/CDC 

‘‘select agents’’ lists (see Related Controls 

paragraph #2 for this ECCN), but not 

identified on the Australia Group (AG) ‘‘List 

of Human and Animal Pathogens and Toxins 

for Export Control,’’ as follows: 

b.1. [Reserved]; 

b.2. [Reserved]; or 

b.3. Tick-borne encephalitis virus (Siberian 

subtype, formerly West Siberian virus—see 

1C351.a.53 for Far Eastern subtype). 

c. Bacteria identified on the Australia 

Group (AG) ‘‘List of Human and Animal 

Pathogens and Toxins for Export Control,’’ as 

follows: 

c.1. Bacillus anthracis; 

c.2. Brucella abortus; 

c.3. Brucella melitensis; 

c.4. Brucella suis; 

c.5. Burkholderia mallei (Pseudomonas 

mallei); 

c.6. Burkholderia pseudomallei 

(Pseudomonas pseudomallei); 

c.7. Chlamydia psittaci (Chlamydophila 

psittaci); 

c.8. Clostriduim argentinense (formerly 

known as Clostridium botulinum Type G), 

botulinum neurotoxin producing strains; 

c.9. Clostridium baratii, botulinum 

neurotoxin producing strains; 

c.10. Clostridium botulinum; 

c.11. Clostridium butyricum, botulinum 

neurotoxin producing strains; 

c.12. Clostridium perfringens, epsilon 

toxin producing types; 

c.13. Coxiella burnetii; 

c.14. Francisella tularensis; 

c.15. Mycoplasma capricolum subspecies 

capripneumoniae (‘‘strain F38’’); 

c.16. Mycoplasma mycoides subspecies 

mycoides SC (small colony) (a.k.a. contagious 

bovine pleuropneumonia); 

c.17. Rickettsia prowazekii; 

c.18. Salmonella enterica subspecies 

enterica serovar Typhi (Salmonella typhi); 

c.19. Shiga toxin producing Escherichia 

coli (STEC) of serogroups O26, O45, O103, 

O104, O111, O121, O145, O157, and other 

shiga toxin producing serogroups; 

Note: Shiga toxin producing Escherichia 

coli (STEC) includes, inter alia, 

enterohaemorrhagic E. coli (EHEC), verotoxin 

producing E. coli (VTEC) or verocytotoxin 

producing E. coli (VTEC). 

c.20. Shigella dysenteriae; 

c.21. Vibrio cholerae; or 

c.22. Yersinia pestis. 

d. ‘‘Toxins’’ identified on the Australia 

Group (AG) ‘‘List of Human and Animal 

Pathogens and Toxins for Export Control,’’ as 

follows, or their subunits: 

d.1. Abrin; 

d.2. Aflatoxins; 

d.3. Botulinum toxins; 

d.4. Brevetoxins; 

d.5. Clostridium perfringens alpha, beta 1, 

beta 2, epsilon and iota toxins; 

d.6. Conotoxins; 

d.7. Diacetoxyscirpenol; 

d.8. Gonyautoxins; 

d.9. HT–2 toxin; 

d.10. Microcystins (Cyanginosins); 

d.11. Modeccin; 

d.12. Nodularins; 

d.13. Palytoxin; 

d.14. Ricin; 

d.15. Saxitoxin; 

d.16. Shiga toxins (shiga-like toxins, 

verotoxins, and verocytotoxins); 

d.17. Staphylococcus aureus enterotoxins, 

hemolysin alpha toxin, and toxic shock 

syndrome toxin (formerly known as 

Staphylococcus enterotoxin F); 

d.18. T–2 toxin; 

d.19. Tetrodotoxin; 

d.20. Viscumin (Viscum album lectin 1); or 

d.21. Volkensin. 

e. ‘‘Fungi’’, as follows: 

e.1. Coccidioides immitis; or 

e.2. Coccidioides posadasii. 

* * * * * 

1C353 Genetic elements and genetically 

modified organisms, as follows (see List 

of Items Controlled). 

License Requirements 

Reason for Control: CB, AT 

Control(s) 

Country chart 

(see Supp. No. 1 

to part 738) 

CB applies to genetic 

elements of items 

controlled by 

1C351.d.14 and 

.15.

CB Column 1 

CB applies to entire 

entry.

CB Column 2 

AT applies to entire 

entry.

AT Column 1 

License Requirements Notes: 

1. Vaccines that contain genetic elements 

or genetically modified organisms identified 

in this ECCN are controlled by ECCN 1C991. 

2. Unless specified elsewhere in this ECCN 

1C353 (e.g., in License Requirement Note 1), 

this ECCN controls genetic elements or 

genetically modified organisms for all 

biological agents and ‘‘toxins,’’ regardless of 

quantity or attenuation, that are identified in 

the List of Items Controlled for this ECCN, 

including genetic elements or genetically 

modified organisms for attenuated strains of 

select biological agents or ‘‘toxins’’ that are 

excluded from the lists of select biological 

agents or ‘‘toxins’’ by the Animal and Plant 

Health Inspection Service (APHIS), U.S. 

Department of Agriculture, or the Centers for 

Disease Control and Prevention (CDC), U.S. 

Department of Health and Human Services, 

in accordance with the APHIS regulations in 

7 CFR part 331 and 9 CFR part 121 and the 

CDC regulations in 42 CFR part 73. 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

LVS: N/A 

GBS: N/A 

List of Items Controlled 

Related Controls: (1) The Animal and Plant 

Health Inspection Service (APHIS), U.S. 

Department of Agriculture, and the Centers 

for Disease Control and Prevention (CDC), 

U.S. Department of Health and Human 

Services, maintain controls on the 

possession, use, and transfer within the 

United States of certain items controlled by 

this ECCN, including (but not limited to) 

certain genetic elements, recombinant 

nucleic acids, and recombinant organisms 

associated with the agents or toxins in 

ECCN 1C351 or 1C354 (for APHIS, see 7 

CFR 331.3(c), 9 CFR 121.3(c), and 9 CFR 

121.4(c); for CDC, see 42 CFR 73.3(c) and 

42 CFR 73.4(c)). (2) See 22 CFR part 121, 

Category XIV(b), for modified biological 

agents and biologically derived substances 

that are subject to the export licensing 

jurisdiction of the U.S. Department of 

State, Directorate of Defense Trade 

Controls. 

Related Definition: N/A 

Items: 

a. Any genetically modified organism that 

contains, or any genetic element that codes 

for, any of the following: 

a.1. Any gene, genes, translated product or 

translated products specific to any virus 

controlled by 1C351.a or .b or 1C354.c; 

a.2. Any gene or genes specific to any 

bacterium controlled by 1C351.c or 1C354.a, 

or any fungus controlled by 1C351.e or 

1C354.b, and which; 

a.2.a. In itself or through its transcribed or 

translated products represents a significant 

hazard to human, animal or plant health; or 

a.2.b. Could endow or enhance 

pathogenicity; or 

a.3. Any toxins, or their subunits, 

controlled by 1C351.d. 

b. [Reserved]. 

Technical Notes: 

1. Genetically modified organisms include 

organisms in which the nucleic acid 

sequences have been created or altered by 

deliberate molecular manipulation. 

2. ‘‘Genetic elements’’ include, inter alia, 

chromosomes, genomes, plasmids, 

transposons, vectors, and inactivated 

organisms containing recoverable nucleic 

acid fragments, whether genetically modified 

or unmodified, or chemically synthesized in 

whole or in part. For the purposes of this 

ECCN 1C353, nucleic acids from an 

inactivated organism, virus, or sample are 

considered to be ‘recoverable’ if the 

inactivation and preparation of the material 

is intended or known to facilitate isolation, 

purification, amplification, detection, or 

identification of nucleic acids. 

3. This ECCN does not control nucleic acid 

sequences of shiga toxin producing 

Escherichia coli of serogroups O26, O45, 

O103, O104, O111, O121, O145, O157, and 

other shiga toxin producing serogroups, other 

than those genetic elements coding for shiga 

toxin, or for its subunits. 

4. ‘Endow or enhance pathogenicity’ is 

defined as when the insertion or integration 

of the nucleic acid sequence or sequences is/ 

are likely to enable or increase a recipient 

organism’s ability to be used to deliberately 


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85486 Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations 

cause disease or death. This might include 

alterations to, inter alia: virulence, 

transmissibility, stability, route of infection, 

host range, reproducibility, ability to evade 

or suppress host immunity, resistance to 

medical countermeasures, or detectability. 

* * * * * 

1C354 Plant pathogens, as follows (see List 

of Items Controlled). 

License Requirements 

Reason for Control: CB, AT 

Control(s) 

Country chart 

(see Supp. No. 1 

to part 738) 

CB applies to entire 

entry.

CB Column 2 

AT applies to entire 

entry.

AT Column 1 

License Requirements Notes: 

1. All vaccines are excluded from the scope 

of this ECCN. See ECCN 1C991 for vaccines. 

2. Unless specified elsewhere in this ECCN 

1C354 (e.g., in License Requirement Note 1), 

this ECCN controls all biological agents, 

regardless of quantity or attenuation, that are 

identified in the List of Items Controlled for 

this ECCN, including small quantities or 

attenuated strains of select biological agents 

that are excluded from the list of PPQ select 

agents and ‘‘toxins’’ by the Animal and Plant 

Health Inspection Service (APHIS), U.S. 

Department of Agriculture, in accordance 

with their regulations in 7 CFR part 331. 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

LVS: N/A 

GBS: N/A 

List of Items Controlled 

Related Controls: (1) The Animal and Plant 

Health Inspection Service (APHIS), U.S. 

Department of Agriculture, maintains 

controls on the possession, use, and 

transfer within the United States of certain 

items controlled by this ECCN (see 7 CFR 

331.3(c), 9 CFR 121.3(c), and 9 CFR 

121.4(c)). (2) See 22 CFR part 121, Category 

XIV(b), for modified biological agents and 

biologically derived substances that are 

subject to the export licensing jurisdiction 

of the U.S. Department of State, Directorate 

of Defense Trade Controls. 

Related Definitions: N/A 

Items: 

a. Bacteria, as follows: 

a.1. Xanthomonas albilineans; 

a.2. Xanthomonas citri pv. citri 

(Xanthomonas axonopodis pv. citri, 

Xanthomonas campestris pv. citri); 

a.3. Xanthomonas oryzae [this species of 

proteobacteria is identified on the APHIS 

‘‘select agents’’ list (see Related Controls 

paragraph for this ECCN), but only the 

pathovar Xanthomonas oryzae pv. oryzae 

(syn. Pseudomonas campestris pv. oryzae) is 

identified on the Australia Group (AG) ‘‘List 

of Plant Pathogens for Export Control’’]; 

a.4. Clavibacter michiganensis subsp. 

sepedonicus (Clavibacter sepedonicus, 

Clavibacter michiganense subsp. 

sepedonicus, Corynebacterium 

michiganensis subsp. sepedonicum, 

Corynebacterium sepedonicum); 

a.5. Ralstonia solanacearum, race 3, biovar 

2; 

a.6. Raythayibactor toxicus [this bacterium 

is identified on the APHIS ‘‘select agents’’ list 

(see the Related Controls paragraph for this 

ECCN), but is not identified on the Australia 

Group (AG) ‘‘List of Plant Pathogens for 

Export Control’’]. 

b. Fungi, as follows: 

b.1. Bipolaris oryzae (Cochliobolus 

miyabeanus, Helminthosporium oryzae); 

b.2. Colletotrichum kahawae 

(Colletotrichum coffeanum var. virulans); 

b.3. Pseudocercospora ulei (Microcyclus 

ulei, Dothidella ulei); 

b.4. Puccinnia graminis ssp. graminis var. 

graminis/Puccinia graminis ssp. graminis 

var. stakmanii (Puccinia graminis [syn. 

Puccinia graminis f. sp. tritici]); 

b.5. Puccinia striiformis (syn. Puccinia 

glumarum); 

b.6. Magnaporthe oryzae (Pyricularia 

oryzae); 

b.7. Peronosclerospora philippinensis 

(Peronosclerospora sacchari); 

b.8. Sclerophthora rayssiae var. zeae; 

b.9. Synchytrium endobioticum; 

b.10. Tilletia indica; 

b.11. Thecaphora solani; 

b.12. Phoma glycinicola (formerly 

Pyrenochaeta glycines) [this fungus is 

identified on the APHIS ‘‘select agents’’ list 

(see the Related Controls paragraph for this 

ECCN), but is not identified on the Australia 

Group (AG) ‘‘List of Plant Pathogens for 

Export Control’’]. 

c. Viruses, as follows: 

c.1. Andean potato latent virus (Potato 

Andean latent tymovirus); 

c.2. Potato spindle tuber viroid. 

* * * * * 

E. ‘‘Technology’’ 

* * * * * 

1E001 ‘‘Technology’’ according to the 

General Technology Note for the 

‘‘development’’ or ‘‘production’’ of items 

controlled by 1A002, 1A003, 1A004, 

1A005, 1A006.b, 1A007, 1A008 1A101, 

1A231, 1B (except 1B608, 1B613 or 

1B999), or 1C (except 1C355, 1C608, 

1C980 to 1C984, 1C988, 1C990, 1C991, 

1C995 to 1C999). 

License Requirements 

Reason for Control: NS, MT, NP, CB, RS, AT 

Control(s) 

Country chart 

(see Supp. No. 1 

to part 738) 

NS applies to ‘‘technology’’ for items 

controlled by 

1A002, 1A003, 

1A005, 1A006.b, 

1A007, 1B001 to 

1B003, 1B018, 

1C001 to 1C011, 

or 1C018.

NS Column 1 

NS applies to ‘‘technology’’ for items 

controlled by 

1A004.

NS Column 2 

Control(s) 

Country chart 

(see Supp. No. 1 

to part 738) 

MT applies to ‘‘technology’’ for items 

controlled by 

1A101, 1B001, 

1B101, 1B102, 

1B115 to 1B119, 

1C001, 1C007, 

1C011, 1C101, 

1C102, 1C107, 

1C111, 1C116, 

1C117, or 1C118 

for MT reasons.

MT Column 1 

NP applies to ‘‘technology’’ for items 

controlled by 

1A002, 1A007, 

1A231, 1B001, 

1B101, 1B201, 

1B225, 1B226, 

1B228 to 1B234, 

1C002, 1C010, 

1C111, 1C116, 

1C202, 1C210, 

1C216, 1C225 to 

1C237, or 1C239 

to 1C241 for NP 

reasons.

NP Column 1 

CB applies to ‘‘technology’’ for items 

controlled by 

1C351.d.14 and 

.15 and the 1C353 

genetic elements of 

toxins in ECCN 

1C351.d.14 and 

.15.

CB Column 1 

CB applies to ‘‘technology’’ for items 

controlled by 

1C351, 1C353, or 

1C354; and CB applies to ‘‘technology’’ for materials controlled by 

1C350 and for 

chemical detection 

systems and dedicated detectors 

therefor, in 

1A004.c, that also 

have the technical 

characteristics described in 2B351.a.

CB Column 2 

RS applies to technology for equipment controlled in 

1A004.d.

RS Column 2 

AT applies to entire 

entry.

AT Column 1 

Reporting Requirements 

See § 743.1 of the EAR for reporting 

requirements for exports under License 

Exceptions, and Validated End-User 

authorizations. 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

TSR: Yes, except for the following: 

(1) Items controlled for MT reasons; or 

(2) Exports and reexports to destinations 

outside of those countries listed in Country 


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Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations 85487 

Group A:5 (See Supplement No. 1 to part 740 

of the EAR) of ‘‘technology’’ for the 

‘‘development’’ or production’’ of the 

following: 

(a) Items controlled by 1C001; or 

(b) Items controlled by 1A002.a which are 

composite structures or laminates having an 

organic ‘‘matrix’’ and being made from 

materials listed under 1C010.c or 1C010.d. 

Special Conditions for STA 

STA: License Exception STA may not be 

used to ship or transmit ‘‘technology’’ 

according to the General Technology Note 

for the ‘‘development’’ or ‘‘production’’ of 

equipment and materials specified by 

ECCNs 1A002, 1C001, 1C007.c, 1C010.c or 

d or 1C012 to any of the destinations listed 

in Country Group A:6 (See Supplement No. 

1 to part 740 of the EAR). 

List of Items Controlled 

Related Controls (1) Also see ECCNs 1E101, 

1E201, and 1E202. (2) See ECCN 1E608 for 

‘‘technology’’ for items classified under 

ECCN 1B608 or 1C608 that, immediately 

prior to July 1, 2014, were classified under 

ECCN 1B018.a or 1C018.b through .m (note 

that ECCN 1E001 controls ‘‘development’’ 

and ‘‘production’’ ‘‘technology’’ for 

chlorine trifluoride controlled by ECCN 

1C111.a.3.f—see ECCN 1E101 for controls 

on ‘‘use’’ ‘‘technology’’ for chlorine 

trifluoride). (3) See ECCN 1E002.g for 

control libraries (parametric technical 

databases) ‘‘specially designed’’ or 

modified to enable equipment to perform 

the functions of equipment controlled 

under ECCN 1A004.c (Nuclear, biological 

and chemical (NBC) detection systems) or 

ECCN 1A004.d (Equipment for detecting or 

identifying explosives residues). (4) 

‘‘Technology’’ for lithium isotope 

separation (see related ECCN 1B233) and 

‘‘technology’’ for items described in ECCN 

1C012 are subject to the export licensing 

authority of the Department of Energy (see 

10 CFR part 810). (5) ‘‘Technology’’ for 

items described in ECCN 1A102 is ‘‘subject 

to the ITAR’’ (see 22 CFR parts 120 through 

130). 

Related Definitions: N/A 

Items: 

The list of items controlled is contained in 

the ECCN heading. 

* * * * * 

1E351 ‘‘Technology’’ according to the 

‘‘General Technology Note’’ for the 

disposal of chemicals or microbiological 

materials controlled by 1C350, 1C351, 

1C353, or 1C354. 

License Requirements 

Reason for Control: CB, AT 

Control(s) 

Country chart 

(see Supp. No. 1 

to part 738) 

CB applies to ‘‘technology’’ for the disposal of items controlled by 

1C351.d.14 and 

.15 and the 1C353 

genetic elements of 

toxins in ECCN 

1C351.d.14 and 

.15.

CB Column 1 

CB applies to ‘‘technology’’ for the disposal of items controlled by 1C351, 

1C353, or 1C354; 

and CB applies to 

‘‘technology’’ for 

the disposal of 

items controlled by 

1C350.

CB Column 2 

AT applies to entire 

entry.

AT Column 1 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

TSR: N/A 

List of Items Controlled 

Related Controls: N/A 

Related Definitions: N/A 

Items: 

The list of items controlled is contained in 

the ECCN heading. 

* * * * * 

Thea D. Rozman Kendler, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2023–26532 Filed 12–7–23; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 740 and 774 

[Docket No. 230926–0234] 

RIN 0694–AI66 

Export Administration Regulations for 

Missile Technology Items: 2018, 2019, 

and 2021 Missile Technology Control 

Regime Plenary Agreements; and 

License Exception Eligibility 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: The Bureau of Industry and 

Security (BIS) is amending the Export 

Administration Regulations (EAR) to 

reflect changes to the Missile 

Technology Control Regime (MTCR) 

Annex that were agreed to by MTCR 

member countries at the Technical 

Experts Meetings (TEMs) in March and 

November 2018, May and October 2019, 

and October 2021. This rule also 

expands the eligibility for the use of 

license exceptions under the EAR for 

MT-controlled items. These changes to 

license exception eligibility are also 

being made as part of a broader effort 

announced today that will liberalize 

several categories of export licensing 

requirements and the availability of 

export license exceptions for key allied 

and partner countries, as well as for 

members of certain multilateral export 

control regimes. 

DATES: This rule is effective December 8, 

2023. 

FOR FURTHER INFORMATION CONTACT: 

Sharon Bragonje, Nuclear and Missile 

Technology Controls Division, Bureau 

of Industry and Security, Phone: (202) 

482–0434; Email: sharon.bragonje@

bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Missile Technology Control 

Regime (MTCR or Regime) is an export 

control arrangement among 35 nations, 

including most of the world’s suppliers 

of advanced missiles and missile-related 

equipment, materials, software, and 

technology. The regime establishes a 

common list of controlled items (the 

Annex) and a common export control 

policy (the Guidelines) that member 

countries implement in accordance with 

their national export controls. The 

MTCR seeks to limit the risk of 

proliferation of weapons of mass 

destruction by controlling exports of 

goods and technologies that could make 

a contribution to delivery systems (other 

than manned aircraft) for such weapons. 

In 1993, the MTCR’s original focus on 

missiles for nuclear weapons delivery 

was expanded to include the 

proliferation of missiles for the delivery 

of all types of weapons of mass 

destruction (WMD), i.e., nuclear, 

chemical, and biological weapons. Such 

proliferation has been identified as a 

threat to international peace and 

security. One way to address this threat 

is to maintain vigilance over the transfer 

of missile equipment, material, and 

related technologies usable for systems 

capable of delivering WMD. MTCR 

members voluntarily pledge to adopt the 

Regime’s export Guidelines and to 

restrict the export of items contained in 

the Regime’s Annex. The Regime’s 

Guidelines are implemented through the 

national export control laws, regulations 

and policies of the regime members. 


khammond on DSKJM1Z7X2PROD with RULES